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08

2015

Fall

January 21

Submitted to:
Ms. Heide Jill Vanessa L. Sierra
Instructor
Management 36
Submitted by:
Cuenca, Joben Vernan
Emperado, Kirk Philip
Gaitera, Hannah Jhania
Mariñas, Quiro John
Sung, Cecil Anne
Tan, Wilson

I.  The brand is well known to people & they can easily identify it from others. Problemc It is unethical for Cadbury to file a trademark for a color. Cadbury the world leaders in chocolate.  There is a lot of potential  New brands are coming for growth and a huge and existing brands are population who do not eat introducing new variants to chocolates even today that add up to an already can be converted as new overcrowded market. is a wellknown force in marketing and distribution. WEAKNESSES  Their trademark registration lacks specificity. OPPORTUNITIES THREATS  They can use this  Presence of other chocolate circumstance to further competitors such as Nestle improve and strengthen using the same color their brand identity. users.STRENGTHS  Cadbury is known for its purple packaging for almost 100 years.  They lost in the legal test case against Nestle  They have a vague or overreaching trademark protections. packaging. Central Users have a positive perception about the qualities of the brand. because color is universal and the specific color Pantone 2865c was not . which is reputed internationally as the topmost chocolate provider in the world.SWOT Analysis II.  They can have more  There exists no brand innovations and added loyalty in the chocolate features in their product in market and consumers order to compete in the frequently shift their highly competitive market brands. clarity and precision.  Cadbury is a company.

To constitute actions in restricting any parties from monopolizing a certain market by registering a color as a trademark . The central problem is that Cadbury needs to find a way to legally and ethically protect its trademark. IV. clarity and precision. Their lack of creative effort to protect their commercial interest. To come up with solutions that will benefit Cadbury in terms of protecting its commercial interest 3. Minor Problems In addition to the main problem. Stiff competition with companies like Nestle puts Cadbury at risk for future lawsuits. 2. 3. They incurred financial losses due to the litigation. especially since its initial trademark registration lacked specificity. we aim to achieve the following objectives: 1. It only became known as Cadbury's color because of the dominance of the brand in markets for a long period of time. 4. To come up with a system that mediates both parties in their existing conflict 2. there are also several other minor problems that Cadbury faced: 1. Competitors might seize the opportunity to produce products having similar packaging.created especially for Cadbury. since litigation is a common strategy used by large companies to eliminate competition. Objectives In studying this case.

Create marketing campaigns that highlight the strong association of Cadbury products with their traditional Purple packaging.  They can rebuild their brand identity and reputation that was lost after the case closed. Advantages:  Competitors will honor the revision of the trademark as it is in compliance to the law. Re-register their revised trademark application.  Eliminates or reduce existing conflict between involved parties. Alternative Courses of Action 1.  It might still contain loopholes that competitors could use against them  Nestle and other companies may oppose their registration again. .V.  Their commercial interest will be protected. 2. Disadvantages:  Additional costs will be incurred. In addition to that. the company should strengthen other marketing measures to mitigate the risk of losing their market share to competitors. Revise their trademark registration and make it more specific in compliance to the law.  They’ll have the chance to own the color brand association they have been using for decades now.

Advantages:  Increases protection of their product from brand and packaging imitators and counterfeiters.  Mitigates future legal risks. .  Increase sales and brand identity. Disadvantages:  It may take time to develop and process trademarks and other legal measures  There is no guarantee that these legal measures will still fool-proof. Disadvantages:  There is a possibility that this strategy will not be effective.Advantages:  Increase publicity. Find other ways to legally protect their product from imitators and not only their packaging. Expand their product lines such as coffee and pastries. 3. The company may file other trademarks that are associated with their product. 4. Advantages:  They will be able to attract more customers  Diversification is another way of mitigating the risks of having a narrow product offering.  Higher budget will be allocated to marketing and sales strategies.

allowing Cadbury to own a trademark to that specific color will give their company an unfair advantage over others. which is practically unethical because color cannot be “owned” by any person or entity. Recommendation If Cadbury will make an appeal in their attempt to register Pantone 2685C as their trademark. there is a higher possibility of losing again. Disadvantages:  As new entrants in this market. The underlying factor in this case’s main problem is Cadbury’s attempt to register the color itself as a trademark. It is only through the company’s dominance in the market that the color became almost absolutely associated with their products. VI. Furthermore. The group highly suggests that they should stop their efforts on registering the entire color but rather come up with another trademark since there is a need to protect their commercial interest. It is another avenue to gain profits and offset losses from competition and litigation fees. they might not keep up with those competitors who had been in this field for a long time 5. Disadvantages:  It will take time and efforts to conduct research and development of innovated products. Innovate existing products to entice non-chocolate eating consumers to patronize their product Advantages:  It could be an avenue to gain more profit and offset losses from competition. it may cause great confusion in future lawsuits as with regards to the boundaries of the trademark. However. .

The Cadbury vs Nestle case is a real-life example of unfair and unethical business practices in the treatment of competition. Additionally. many companies like Cadbury try to take advantage of the law to create unfair competitive advantage in favor of their company. to solve their minor problems. This strategy. One common strategy is to bury competition with lawsuits and litigations to drain their resources and defocus efforts on marketing their product like a distraction. we see an underlying intention to monopolize the color. despite the fact that they did not invent the color itself. It should include other unique markings that will truly make the trademark the company’s own. the company should create other protective measures. This may help disqualify the efforts of other companies who try to incorporate the color into their product packaging to try to emulate Cadbury’s product. is downright unethical.Our group therefore recommends that Cadbury should apply for a more specific trademark. especially in creating a stronger association with the color Pantone 2685C with their brand. In their attempt to register the color Pantone 2685C as a brand trademark. although traditionally practiced. Lastly. VII. . in addition to trademark registrations. On the other hand. that will allow them to protect their commercial interests in other business forefronts. Conclusion Our group has found that many companies use predatory marketing strategies to out-play competition. and not just a trademark allowing them exclusive rights to the color Pantone 2685C. making consumers think that the quality is the same. This specific trademark may include a package design that incorporates the color as its dominant marking. our group also suggests that the company should strengthen their marketing efforts.